Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Contracts > Civ Pro > Flashcards

Civ Pro Flashcards

1
Q

Max interrogatories

A

30

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Court may not extend time for..

A

Belated directed verdict
New trial or rehearing
Sua ponte grant for new trial
Amendment of judgement
Relief from judgement
Notice of appeal
Petition for certiorari

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Change of venue time to pay transfer fee

A

30 days. If not, dismissed without prejudice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Defense motions

A

Lack of SMJ
Lack of PJ
Improver venue
Insuff. Process
Insuff service of process
Failure to state cause of action
Failure to join indispensable party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Denial of defense motions

A

If court denies, 10 days to file responsive pleading

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Defenses if not containing in pre answer motion may be waived

A

Lack of PJ
improper venue
Insufficiency of service of process

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Answer

A

Deny/admit (if you don’t deny or fail to respond —admission)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Reply/answer

A

Filed within 20 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Amendment of pleading

A

Once before answer is filled OR 20 days of service of the pleading

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Cross claim

A

Raised in answer

Same transaction/occurrence OR property subject of suit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Counter claim

A

Compulsory: same transaction or occurrence (must be filed or you lose it)

Permissive: not same transaction or occurrence. (Can be filed at a later proceeding/if filed in the same case then 20 days to reply)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Intervention

A

Discretion of judge but anyone with interest may join the fight

Can join all the way up to the time jury deliberates

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Impleader

A

20 days after service of an answer without leave of court. If wait to long, then have to make motion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Response to amended pleading

A

10 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Counterclaim/crossclaim (timing)

A

In answer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Voluntary dismissal

A

Anytime before case goes to fact finder

Before trial: serve notice
During trial: state on record

Without prejudice unless dismissed before

17
Q

Summary Judgement (timing)

A

Plaintiff
-20 days after action begins
- anytime after other side files MSJ

Defendant
- any time

MSJ served 20 days before hearing

Response
—mail atleast 5 days before hearing
—hand deliver 5 pm 2 days before hearing

18
Q

Deposition

A

Wait 30 days after service of process or need court order UNLESS W leaving state and will be unavailable // Defendant has served discovery request (motion to perpetuate testimony)

Subpoena witnesses (except parties)

Videotape (notice)

Need court order:
— telephone
— person in prison

19
Q

Depo before action

A

20 days notice before hearing (when depo before allowed time)

20
Q

Production of docs without depo

A

10 day notice if delivered
15 if mailed

Party can object within 10 days of service

21
Q

Interrogatories

A

Answered with 30 days. If served with original complaint then 45 days

Limited to 30

22
Q

Class action

A

Numerosity, commonality, typicality and adequacy.

Best way to resolve controversy

23
Q

Class action: notice

A

All members that can be indentified and located

Cannot be dismissed or settled without judicial approval after notice to all members.

24
Q

Demand for Jury trial

A

Within 10 days of service of last pleading

Failure to demand = waived
— judge can still demand jury trial
— can grant w consent of the parties

Can’t withdraw without consent

25
Q

Challenges for cause

A

Unlimited number

-Related
- interest in case
- formed or expressed opinion
- biased/preju
- served as juror within past year
- employed by party
— within 30 days before trial

26
Q

Peremptory challenge

A

Each party gets 3
(If 2 Ps and 3 Ds— each side gets 9)

27
Q

Use of Depo

A

Can use for any reason if W:
- dead
- adverse party
- expert
- outside of 100 miles
- out of state
- unable to attend due to age, illness, prison
- unable to be subpoenaed

28
Q

Motion for directed verdict

A

At close of evidence (after one side finished presenting their evidence)(can do belated DV at the end of both sides present ev)

Can join w motion for a new trial

If denied, can present evidence

Motion for judgement in accordance with MDV(belated verdict)(JNOV)
— within 15 days after return of verdict OR
— within 15 days after jury discharged

29
Q

Motion for costs and attorneys fees

A

Filed 30 days after
- judgement
- notice of voluntary dismissal

30
Q

Motion for new trial or rehearing

A

Served 15 days after
- return of Jury verdict OR
- filing of judgement in bench trial

31
Q

Grounds for relief of judgment

A

Within a year
-mistake
- fraud
- new ev not previously discoverable w due diligence

Contracts (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions